Recent Answers to Trademark Cease And Desist Law Questions

Darryl S.

Answered Aug 26, 2025

Make sure you respond to the letter and meet any deadlines required. You can respond as you have here that you do not think you have infringed on their trademark. Call them and try to work out a solution. If you can work with them to reach resolution, that will be much easier. If this becomes a lawsuit, unless one side settles, the case will take a long time and have to go all the way to trial to decide if it is infringement. It's likely that the legal fees will get very expensive. You should seek legal counsel if you believe that is within your budget.

Tabetha H.

Answered May 13, 2025

Ignoring a trademark cease and desist letter is risky, even with a potential fair use defense. While trademark fair use for commentary and criticism is recognized, its application depends on specific factors like how prominently you're using the mark, whether consumers might be confused, and if your use is commercial. Ignoring the letter could lead to escalation, including a lawsuit where you'd need to defend yourself at significant expense. A better approach is sending a response letter explaining your fair use position and why your use doesn't constitute infringement. This demonstrates you're taking the matter seriously while asserting your rights. Consider consulting with an IP attorney to evaluate the strength of your fair use defense and craft an appropriate response that might prevent further legal action.

Dolan W.

Answered Dec 3, 2024

Hello! Thank you for posting this question. In your case, the other party may claim that you are infringing on their trademark, but proving it is a different case. The Lanham Act provides for a cause of action for infringement of both registered and unregistered trademarks. (15 USC Section 1114(1)(a); 15 USC Section 1125(a)(1)A).)  The 9th Circuit Court of Appeals has laid out some elements to help determine whether it creates an infringement lawsuit. 1. The complaining party has to prove they have a valid, protectable trademark and that they own that trademark; 2. The complaining party must prove that a mark is similar, and it was used without the consent of the moving party in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods.  The likelihood of confusion can occur at the time of the sale, when there is initial interest by a consumer, or even after the sale, if the confusion causes a consumer to no longer buy a service or product connected to the mark. The court considers things like the strength of the original mark, whether you are using it for some fair use purpose, the similarity, the proximity of the products and marketing channels, whether there’s actual confusion, the defendant’s intent, the quality of respective products, and the sophistication of the customers. (Polaroid Corp. v. Polard Elecs. Corp. 287, F.2d. 492, 495 (2d Cir. 1961.) So what this means is that it'd have to be litigated, but you can argue you are not trying to sell products or services using their mark, but rather you are using it for some other purpose, such as to educate people about their business practices. Best of luck!